Samsung / Complaints Process

rwilson66957

I took out a contract with o2 in September 2020. The device being a Samsung Galaxy A41. I had to send the device back as the fingerprint scanner failed to work. Luckily this was within o2's return period (thankfully not under Samsung's incredibly immoral warranty conditions) and was replaced with another. I look after my device which was always in a case with screen protector however a few weeks ago I noticed the top half of my device had became slightly curved and my device was no longer straight. This seemed to happen overnight in which my device was on my bedside table. Concerned, I contacted Samsung regarding this issue in which I was a bit apprehensive as I have had Samsung products before which have became faulty and Samsung couldn't care less (even within the warranty period and unless chargeable of course). I was advised that this issue was due to a swollen battery and the device would be repaired etc which I was satisfied with however due to past experience with Samsung, I highly anticipated an e-mail saying the device had been 'inspected' and the cause was down to physical damage. A few days later you guessed it, e-mail sent from Samsung advising me of the exact e-mail I expected. Livid would be an understatement due to past experiences with this disgraceful organisation. My phone is in new condition, fully functional, has a case, screen protector on since purchase and never been dropped or placed in back pockets etc where this issue could of happened, If this was the case I would accept there 'physical damage' claim. Determined not to be palmed off again I then went back and fourth via e-mail with their customer solutions team and even e-mailed their CEO regarding this issue in which I was sent more or less the same e-mail 'physical damage' 'chargeable'. I then asked if I could dispute SAMSUNG'S decision via a third party such as an ADR as I was not accepting this outcome as I did not cause the damage. To my complete disbelief I was told blankly that Samsung don't have to answer to anyone and their decision is final!!! Here is part of a reply from their customer resolutions team. 'ADR entities such as the Centre for Effective Dispute Resolution (CEDR) to provide a route to resolve a dispute outside of the court system. Samsung takes customer complaints very seriously and has comprehensive procedures in place to resolve customer complaints fairly. As such, Samsung does not submit to any ADR procedure operated by CEDR or any other ADR provider.' I couldn't quite believe this. So to put it bluntly if you have a fault with any Samsung product they are able to say physical damage or any other warranty condition that excludes them repairing your product unless chargeable and you are unable to challenge this and their word is final. This is absolutely unfair, unethical and quite frankly criminal. I am completely perplexed as to why Samsung are getting away with this??? Is this even Legal???

the_lunatic_is_in_my_head

You should have gone back to O2 really as after 1 repair you could have rejected. 


I don't know much about phones, how can user damage cause a swollen battery? 

born_again

Get the phone back & get a 3rd party report on the issue. Then argue the casewith them.

JJ_Egan

(. I am completely perplexed as to why Samsung are getting away with this??? Is this even Legal???)

Perfectly legal its a warranty .

Legal is the law your Consumer rights  against the vendor not Samsung .

MattMattMattUK

the_lunatic_is_in_my_head said:

I don't know much about phones, how can user damage cause a swollen battery? 

For the various lithium chemistry batteries there are a few routes to a swollen battery, which is caused by cells rupturing. The most common is physical damage (impact, shock or puncture), the next is manufacturing fault, the third is overheating (left on the dashboard of a car in hot sunshine usually).

rwilson66957

JJ_Egan said:

(. I am completely perplexed as to why Samsung are getting away with this??? Is this even Legal???)

Perfectly legal its a warranty .

Legal is the law your Consumer rights  against the vendor not Samsung .

I understand that and think you are missing the point of the issue here. It's a Samsung product, Samsung manufactured the product therefore Samsung should be held responsible when their products become faulty. I understand it's their word against mine which is why I wanted a third party to make an impartial decision (which I would fully accept) on the issue. However Samsung have said point blank that they basically answer to nobody and their decision is final which I find utterly disgraceful and shocking. As mentioned in my initial post, this could technically mean if you have a fault with any Samsung product they are able to claim physical damage or any other warranty condition that excludes them repairing your product unless chargeable and you the consumer are unable to challenge their decision. That's that. I think what really riles me is that I have had this issue with the company before and you only have to read their Trust Pilot reviews to realise that thousands of other consumers are having this issue with Samsung. I have contacted Citizens Advice Bureau for further advice as I am not accepting Samsung's outcome and I will take this to small claims court if need be. 

rwilson66957

born_again said:

Get the phone back & get a 3rd party report on the issue. Then argue the casewith them.

Thanks although I am unsure as to who I would complain to at this stage which is why I have contacted Citizens Advice Bureau for further advice. I repeatedly asked Samsung how I could challenge their decision. Basically their short answer was 'you can't, our decision is final' which I couldn't quite believe.

dreamypuma

You can drive yourself mad trying to progress this with Samsung, alternatively you can try to resolve this with O2.

You have consumer rights with the latter, so take the path of least resistance.

sparklep0ny

rwilson66957 said:

born_again said:

Get the phone back & get a 3rd party report on the issue. Then argue the casewith them.

Thanks although I am unsure as to who I would complain to at this stage which is why I have contacted Citizens Advice Bureau for further advice. I repeatedly asked Samsung how I could challenge their decision. Basically their short answer was 'you can't, our decision is final' which I couldn't quite believe.

I don't see what's hard to believe.

Warranties are in addition to your statutory rights and as such the terms of them are up to the manufacturer.  Whilst there might be a route via the courts in terms of breach of contract, you'd need to actually read the warranty to make sure they are in breach of it.  They might, for example, include a clause that it is they alone who can determine the cause of the fault, making going to a third party for a diagnosis pointless.  Nothing illegal about this, and nothing you can do to challenge it. As others have told you repeatedly, take it up with o2.

Aylesbury_Duck

rwilson66957 said:

JJ_Egan said:

(. I am completely perplexed as to why Samsung are getting away with this??? Is this even Legal???)

Perfectly legal its a warranty .

Legal is the law your Consumer rights  against the vendor not Samsung .

I understand that and think you are missing the point of the issue here. It's a Samsung product, Samsung manufactured the product therefore Samsung should be held responsible when their products become faulty. I understand it's their word against mine which is why I wanted a third party to make an impartial decision (which I would fully accept) on the issue. However Samsung have said point blank that they basically answer to nobody and their decision is final which I find utterly disgraceful and shocking. As mentioned in my initial post, this could technically mean if you have a fault with any Samsung product they are able to claim physical damage or any other warranty condition that excludes them repairing your product unless chargeable and you the consumer are unable to challenge their decision. That's that. I think what really riles me is that I have had this issue with the company before and you only have to read their Trust Pilot reviews to realise that thousands of other consumers are having this issue with Samsung. I have contacted Citizens Advice Bureau for further advice as I am not accepting Samsung's outcome and I will take this to small claims court if need be. 

They are responsible, but not to you.  Their responsibility is to the retailer that bought the product from them.  You didn't buy from Samsung, you bought from a retailer (O2) so as far as contractual responsibility for the handset goes, it lies with O2.  Samsung have offered a warranty on top of those contractual rights you have, but as long as their warranty terms aren't illegal, you are bound by their terms.

You need to pursue this with the party that is responsible, which is O2.

Oh, and accusing Samsung of criminal activity is not a good idea.  Especially when it's perfectly possible that the damage was caused by you.

dinglebert

rwilson66957 said:

I understand that and think you are missing the point of the issue here. It's a Samsung product, Samsung manufactured the product therefore Samsung should be held responsible when their products become faulty. I understand it's their word against mine which is why I wanted a third party to make an impartial decision (which I would fully accept) on the issue. However Samsung have said point blank that they basically answer to nobody and their decision is final which I find utterly disgraceful and shocking. As mentioned in my initial post, this could technically mean if you have a fault with any Samsung product they are able to claim physical damage or any other warranty condition that excludes them repairing your product unless chargeable and you the consumer are unable to challenge their decision. That's that. I think what really riles me is that I have had this issue with the company before and you only have to read their Trust Pilot reviews to realise that thousands of other consumers are having this issue with Samsung. I have contacted Citizens Advice Bureau for further advice as I am not accepting Samsung's outcome and I will take this to small claims court if need be. 

In this case your missing the point.  You need to speak to who you bought the goods from.